Who Is Your Executor?

Being an Executor is a big job. Be careful who you pick, and make sure that they are willing to do it. If you have been appointed Executor in a Will there are a wide range of obligations and responsibilities that you must fulfill. If you do not wish to act as the Executor, you may decline to do so by renouncing your Executorship and signing the appropriate documents so that the Alternate Executor may act or so that some other person may apply to be the Administrator of the Estate.

What do an Executor’s duties include?

Locating the Will and reviewing it with the Estate Lawyer. Ensure that it is the deceased’s last Will. The Estate Lawyer can assist by conducting a Wills Search through Vital Statistics.

Attending to the funeral and other family matters.

Determining if survivors urgently require immediate funds for living expenses. Financial institutions will sometimes release funds from the deceased’s account if urgently required by the survivors.

Reviewing important papers of the deceased and going to the deceased’s bank(s) to obtain a listing of the safety deposit box contents and the securities in safekeeping.

Obtaining Death Certificates to enable transfer of joint tenancy properties and to claim insurance benefits.

Obtaining Letters Probate to provide authority to the Executor to distribute the deceased’s estate according to the Will.

The Estate Lawyer will conduct the Wills Search as noted above, prepare the required Affidavits and documents and make application to the Court for an Estate Grant (previously called a Grant of Probate). Notices will be sent with a copy of the Will to the beneficiaries and next of kin.

Upon receiving the Estate Grant, the Executor may then gather in all the funds of the Estate and transfer any real estate into the name of the Estate.

Advertising for creditors and reviewing creditor’s claims.

Collecting any outstanding amounts due to the deceased and paying Estate debts.

Attending to income tax returns and the tax clearance certificate. This certificate confirms that all income taxes or fees of the Estate are paid. This is an important step because the tax department can potentially impose taxes that you, as Executor, don’t know about.

Preparing an accounting of monies received and paid out with the proposed final distribution.

Distributing the Estate to all beneficiaries (after the legislated waiting period), including a ‘Release’ of any claims against you as the Executor for execution by the beneficiaries before they accept their share of the Estate.

Distributing the funds to the beneficiaries once they have executed a Release.

The advice of a lawyer should always be sought to determine the correct course of action. Estates can be very complex, even when there are minimal assets to distribute.

This is provided as information ONLY; it should NOT be construed as legal advice. You should consult with a lawyer to provide you with specific advice for your own situation. For more information on estate planning/estate administration and to discuss your specific circumstances, please contact Vanessa DeDominicis on 250-869-1140 or dedominicis@pushormitchell.com. Vanessa practices in the area of Wills and Estates at Pushor Mitchell LLP in Kelowna and would be more than happy to assist you.

Pushor Mitchell Lawyers Leneigh Bosdet and Paul Tonita will be volunteering their time in the Pro Bono Advice-a-Thon even that takes place in city park in Kelowna throughout the day on September 10, 2019.